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(영문) 대전지방법원천안지원 2015.10.13 2015가단8014
부동산인도 등
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the separate sheet, and deliver the said real estate from October 5, 2014.

Reasons

Comprehensively taking account of the purport of the entire arguments in the evidence Nos. 1 and 3 as to the real estate owned by the Plaintiff, the fact that the Plaintiff entered into a lease contract with Defendant B by setting the lease deposit of KRW 10,000,000 per month, the rent of KRW 900,000 per month, and the lease term from October 4, 2012 to October 3, 2014, and the fact that the Defendants continued to occupy the said real estate even after the expiry of the lease term.

According to the above facts, since the above lease contract was terminated upon the expiration of the termination period, the defendants who illegally possess the above real estate deliver the above real estate to the plaintiff who is the owner and return the unjust enrichment equivalent to the rent calculated by the ratio of KRW 900,000 per month from October 5, 2014 to the completion date of delivery of the above real estate as requested by the plaintiff.

As to this, the Defendants asserted to the effect that they agreed with the Plaintiff to reside in the above real estate after the above lease contract was implicitly renewed until the loan was fully appropriated for the lease deposit. Thus, the above assertion is without merit, since there is no evidence to acknowledge it.

Therefore, the plaintiff's claim of this case against the defendants is justified and it is so decided as per Disposition.

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